The disputes panel can also hear disputes between residents about any issues affecting their occupation right; this includes a dispute about someone who is in another resident’s unit with their permission.

The Family Court can review any decision made by an attorney. An application for a review can be made by (amongst others):

the person who the Enduring Power of Attorney was made for

a relative of the person the Enduring Power of Attorney was made for.

What do I need to do?

Retirement villages

For a complaint about the retirement village operator or another resident, contact the operator. Follow their complaint processes. The retirement village must give you information about their complaints procedure and details of any other help the operator will give to residents. Find out how they must handle complaints on the Commission for Financial Capability’s website(external link).

Either you or the retirement village operator can go to a disputes panel appointed by the Retirement Commissioner. To use the formal disputes process, you must issue a dispute notice saying you are unhappy with the outcome of the internal complaints process. You must give the notice within six months of making the initial complaint, unless both sides agree to a longer time.

In disposal disputes (disputes about disposing of the unit), the former resident (or their estate) must wait nine months after the unit has become available to the operator for disposal before they can give a dispute notice. They do not have to make a complaint first.

What else do I need to consider?

Retirement Village Disputes Panel

Each retirement village must have a written procedure for resolving complaints simply and fairly within 20 working days.

Making an application for the dispute process is free for you. However you are responsible for paying the costs and expenses of any witnesses called to give evidence, and also for any support person or representative they engage, such as a lawyer or advocate.

The disputes panel may award some or all costs and expenses incurred to any party, or to the operator if there is a dispute between residents.

At a hearing the panel can:

amend the occupation right agreement

order either side to comply with their obligations under the occupation right agreement, under the Code of Residents’ Rights, or under the Code of Practice

order the resident or the operator to pay or refund an amount of money, if the dispute is with the operator and is about money

order either side to return property valued up to $1,000 or pay up to $1,000 in compensation to the other, if the dispute is with another resident

order either side to pay costs to the other.

In disposal disputes, in addition to its usual powers, the panel can order the operator to:

market the unit in a particular way or at a particular price

pay compensation to the former resident

pay interest to the former resident.

Family Court – disputes over Enduring Powers of Attorney

You can ask the Family Court to consider if a document is actually an Enduring Power of Attorney. You can also ask the court if the person the Enduring Power of Attorney has been made for has become mentally incapable.

A Family Court can cancel an Enduring Power of Attorney if it’s satisfied that the attorney:

is not acting in the best interests of the person the Enduring Power of Attorney was made for

isn’t carrying out their duties.

Where can I get more information?

Commission for Financial Capability – retirement villages

Provides information about the work of the Retirement Commissioner and the disputes process.

Office of the Privacy Commissioner

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